Surgery malpractice can occur before, during or after a surgery. The parties responsible for patient injury caused by surgical malpractice changes depending on the facility in which the procedure was performed and the physician. Below is an explanation of the main parts of a surgical malpractice complaint, the first step in a lawsuit for malpractice.
Overview of a Complaint
The complaint is the very first document filed in a lawsuit by the party alleging to have been wronged by another party. A deceased party’s representatives may bring suit on the deceased party’s behalf. The complaint is the document in which the allegedly wronged party identifies how he was wronged, who caused the injury and what he requests. It does not need to be lengthy or overly descriptive.
Identify the Injury
The first step in a surgical malpractice lawsuit is to identify the injury caused by the malpractice. A party seeking court assistance to remedy an injury must have a physical, tangible remedy a court can award. If the malpractice caused no problems and had no lasting affects there is no remediable claim.
Therefore, a party claiming to have been injured by surgical malpractice must state the injury that occurred during surgery. This can be done through a simple statement that the party underwent surgery of a certain type, that something happened during surgery that was unusual or the result of negligence or recklessness and that the party suffered injury and damages as a result.
Identify the Parties
The complaint must be filed against any individual potentially responsible for the injury. If a party is overlooked they can be added later, but this is a lengthy and difficult procedure. Therefore, it is best to list every party that could have even remote responsibility for the malpractice. This could include the hospital, surgical facility owner, physician, physician’s staff, anesthesiologist and even the manufacturer of a surgical instrument or medical part. Do not worry about wrongly naming parties; the court will eliminate the parties that should not be charged with responsibility for the malpractice.
Identify Your Remedy
The final part of a complaint is to ask the court to provide you with whatever you want to make yourself whole. This could be a monetary reward, an injunction against performing the surgery at the facility or anything else that a court could award to remedy the problem. Courts are not receptive to a complaint merely requesting an apology.
Getting Legal Help
Lawsuits of any type are extremely complicated; the scientific nature of surgical malpractice lawsuits makes them even more complicated. If you have been injured during surgery, seek legal assistance with your claim.
